VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00652
Package ID: USCOURTS-cofc-1_14-vv-00652
Petitioner: Ashley M. Pietro
Filed: 2014-07-24
Decided: 2015-07-13
Vaccine: HPV
Vaccination date: 2011-08-16
Condition: Rheumatoid Arthritis
Outcome: dismissed
Award amount USD: 18969

AI-assisted case summary:
Ashley M. Pietro filed a petition alleging that she suffered from Rheumatoid Arthritis as a result of a Gardasil HPV vaccination she received on August 16, 2011. The petition was filed on July 24, 2014. After reviewing the record, the Special Master found that the information did not show entitlement to an award. The petitioner subsequently filed a motion to dismiss her petition, stating that an investigation demonstrated she would be unable to prove her case. The Special Master noted that to receive compensation, the petitioner must prove either a Table Injury or that the vaccine actually caused her injury, neither of which could be established with the available evidence. As the medical records were insufficient and no medical expert opinion was offered, the petition was dismissed for insufficient proof on May 14, 2015. Later, on June 19, 2015, the parties stipulated to an award of $18,969.50 in attorneys' fees and costs, which the Special Master approved in a decision dated July 13, 2015, entering judgment accordingly.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00652-0
Date issued/filed: 2015-06-04
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/14/2015) regarding 35 DECISION of Special Master. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00652-UNJ Document 39 Filed 06/04/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-652V
Filed: May 14, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
ASHLEY M. PIETRO, *
* Special Master Hamilton-Fieldman
Petitioner, *
*
v. * Petitioner’s Motion for Dismissal
* Decision; Rheumatoid Arthritis;
SECRETARY OF HEALTH * Human Papillomavirus (“HPV”)
AND HUMAN SERVICES, * Vaccine; Gardasil Vaccine.
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Carol L. Gallagher, Carol L. Gallagher, Esquire, LLC., Linwood, NJ, for Petitioner.
Debra A. Begley, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On July 24, 2014, Ashley M. Pietro (“Petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 et seq. (2006)
(“Vaccine Act”). Petitioner alleged that she suffered from Rheumatoid Arthritis (“RA”) as a
result of a Human Papillomavirus (“HPV”) vaccination, more specially a Gardasil vaccination,
she received on August 16, 2011. Petition (“Pet”) at 1. The undersigned now finds that the
information in the record does not show entitlement to an award under the Program.
On May 12, 2015, Petitioner filed a Motion for Decision Dismissing her Petition.
Motion, ECF No. 34. According to the motion, “[a]n investigation of the facts and science
supporting her case has demonstrated to [P]etitioner that she will be unable to prove that she is
entitled to compensation in the Vaccine Program.” Motion at 1. Petitioner further states that she
understands that dismissal decision will result in a judgment against her, and that such a
1 Because this unpublished decision contains a reasoned explanation for the action in this case,
the undersigned intends to post this decision on the United States Court of Federal Claims’
website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116
Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 and note (2006)). In accordance with
Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other
information, that satisfies the criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule
requirement, a motion for redaction must include a proposed redacted decision. If, upon review,
the undersigned agrees that the identified material fits within the requirements of that provision,
such material will be deleted from public access.

Case 1:14-vv-00652-UNJ Document 39 Filed 06/04/15 Page 2 of 2
judgment will end all of her rights in the Vaccine Program. Id.
To receive compensation under the Vaccine Act, Petitioner must prove either 1) that she
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to one of her vaccinations, or 2) that she suffered an injury that was actually caused by a vaccine.
See §§ 300aa-13(a)(1)(A) and 300aa-11(c)(1). An examination of the record did not uncover
any evidence that Petitioner suffered a “Table Injury.” Further, the record does not contain a
medical expert’s opinion or any other persuasive evidence indicating that her injuries were
caused by a vaccination.
Under the Vaccine Act, a petitioner may not be awarded compensation based solely on
the petitioner’s claims alone. Rather, the petition must be supported by either medical records or
by the opinion of a competent physician. § 300aa-13(a)(1). In this case, because the medical
records are insufficient to establish entitlement to compensation, a medical opinion must be
offered in support. Petitioner, however, has offered no such opinion.
Therefore, the only alternative remains to DENY this petition. Thus, this case is
dismissed for insufficient proof. In the absence of a motion for review, the Clerk shall
enter judgment accordingly.
IT IS SO ORDERED.
/s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00652-1
Date issued/filed: 2015-07-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/19/2015) regarding 41 DECISION Fees Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
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Case 1:14-vv-00652-UNJ Document 45 Filed 07/13/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-652V
Filed: June 19, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
ASHLEY M. PIETRO, *
* Special Master Hamilton-Fieldman
Petitioner, *
v. * Attorneys’ Fees and Costs; Reasonable
* Amount Requested to which Respondent
SECRETARY OF HEALTH * Does Not Object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Carol L. Gallagher, Carol L. Gallagher, Esquire, LLC, Linwood, NJ, for Petitioner.
Debra A. Begley, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On July 24, 2014, Ashley M. Pietro (“Petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 et seq. (2006)
(“Vaccine Act”). Petitioner alleged that the administration of a Human Papillomavirus vaccine
(“HPV”), more specifically, a Gardasil vaccine, on August 16, 2011 caused her to suffer from
Rheumatoid Arthritis. Petition (“Pet.”) at 1. On May 14, 2015, the undersigned issued a
decision dismissing the case for insufficient proof.
On June 19, 2015, Respondent filed a Stipulation of Facts Concerning Final Attorneys’
Fees and Costs. Pursuant to their Stipulation, the parties have agreed to an award of $18,969.50
in attorneys’ fees and costs. In accordance with General Order Number 9, Petitioner represents
that she has not incurred any costs in pursuit of his claim.
The undersigned finds that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to
42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and
appropriate. Accordingly, the undersigned hereby awards the amount of $18,969.50, in the
1 The undersigned intends to post this unpublished decision on the United States Court of Federal
Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107 347, § 205, 116
Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by Vaccine Rule
18(b), each party has 14 days within which to file a motion for redaction “of any information furnished by
that party (1) that is trade secret or commercial or financial information and is privileged or confidential,
or (2) that are medical files and similar files the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” In the absence of such motion, the entire decision will be available to
the public. Id.
1

Case 1:14-vv-00652-UNJ Document 45 Filed 07/13/15 Page 2 of 2
form of a check made payable jointly to Petitioner and Petitioner’s counsel, Carol L.
Gallagher, Esq.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.2
IT IS SO ORDERED.
/s/ Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2